June 14, 2005
Planning Board Minutes
Chairman Mike Ouellet called the meeting to order shortly after 7 pm. Board members present were Sandra Riendeau, Selectman Larry Rappaport, alternates Joe Ippolito and John Jolles. John Jolles was asked to sit in for Edward Carrier and Joe Ippolito was asked to sit in for Kevin McKinnon.
Others present were Mr. & Mrs. Ronald Dubois; Claire Lynch, Donna Jordan, Kathleen and Thomas LaPierre, Ken Willey, Donna Forbes, David Forbes, Steve and Corrine Baillargeon, Mark Dryjas, DL Discenzo, Benoit Lamontagne, Verlaine Daeron, Marc Quins, and Sheila Beauchemin.
Kevin McKinnon entered the meeting at 7:30 and assumed his position on the Board with Joe Ippolito returning to his position as an alternate.
Driveway Permits:
Mark Dauphinais - Driveway access to his property on Fish Hatchery Road (R5 Lot 6). Mr. Dauphinais explained that Public Works Director Kevin McKinnon had looked at the site and stated he had found the line of sight to be okay. Mr. McKinnon still needed to fill in the second page of the permit. Joe Ippolito made a motion to approve the permit, conditional on Mr. McKinnon's written approval. Larry Rappaport seconded and all present agreed. (The Public Works Director completed the driveway information noting that no culvert was necessary.) CONDITIONAL APPROVAL - #2005-36
Heather and Michael Harding - Driveway access to their property located off Hurlbert Place (R2 Lot 25-1). Public Works Director Kevin McKinnon had viewed the site and noted that the line of sight to the west quals 400 feet plus and to the east equals 200 feet to the end of the road (as this is a dead-end road). Larry Rappaport made a motion, seconded by Sandra Riendeau, to approve the permit. All present agreed. APPROVED - #2005-37
Marc and Annette Hanson - Driveway access to their property located on Stevens Hill Road (R5 Lot 17). Public Works Director Kevin McKinnon indicated that the line of sight to the west equals 245 feet and to the east equals 310 feet. As this is a pre-existing lot, one access must be granted and no safety concerns are present at this time. Sandra Riendeau made a motion to approve the permit; Larry Rappaport seconded and all present agreed. APPROVED - #2005-38
Building Permits:
Kathleen LaPierre - 20' x 40' shed with two floors to be built on her property on Route 26 (R12 Lot 157). Larry Rappaport made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2005-39
Myron Strickland - 24' x 32' garage with 10' x 32' carport to be placed on his property on Rotue 145 (R6 Lot 12). Kevin McKinnon made a motion to approve the permit; John Jolles seconded and all present agreed. APPROVED - #2005-40
Myron Strickland - 10’ x 12’ temporary shed to be placed on his property on Route 145 (R6 Lot 12). Kevin McKinnon made a motion to approve the permit; Larry Rappaport seconded and all present agreed. APPROVED - #2005-41
Tod A. Chase - 24’ x 28’ two-story camper with two bedrooms to be placed on his property on Shallow Road (R4 Lot 43). Mr. Chase had indicated on the application that this camp would later become his future home. He also indicated that he planned to use a pop-up camper to say in while building the camp. The waiver from septic disposal system indicated that an existing state-approved privy would be used at present with a state approved septic system constructed in the future. Sandra Riendeau made a motion to approve the permit; John Jolles seconded and all present agreed. APPROVED - #2005-42
Tod A. Chase - 12’ x 16’ shed to be placed on his property on A. Shallow Road (R4 Lot 43). Larry Rappaport made a motion to approve the permit, conditional on receiving a signed waiver of septic; Kevin McKinnon seconded and all present agreed. CONDITIONAL APPROVAL - #2005-43
Charles Jarvis Lewis, Jr. - This application to replace an existing 6' x 11.5' front porch with one measuring 8' x 25' on his home at 43 Park Street (U8 Lot 4) was denied last month due to the lack of enough front and right setback from the property line. The Zoning Board of Adjustment passed a variance to the setback regulation on June 1, 2005.. Larry Rappaport moved to approve the permit with the ZBA variance; Sandra Riendeau seconded and all present agreed. APPROVED with ZBA variance - #2005-44
Richard Spofford - 30' x 30' barn to be placed on his property on Munn Road (R12 Lot 141). Due to the lack of an indicated setback for the back property line, the Board moved to table the application. Mr. Spofford will be notified. TABLED
Marc & Annette Hanson - 26' x 52' modular ranch to be placed on their property on Stevens Hill Road (R5 Lot 17). The front setback was noted as being thirty feet more or less. As this could conceivable end up being less than the required twenty foot front setback, the Board felt they needed clarification regarding the front setback. A letter from Leo MacKinnon indicated the land would support a septic system, however neither the application or letter indicated the number of bedrooms to be placed in the home. Due to the lack of information, the application was tabled and the Hansons will be contacted. TABLED
Michael & Heather Harding - Amend the permit issued last month for a 28' x 40' residence to a 30' x 31' two-story colonial. Larry Rappaport made a motion to amend the permit as requested; Sandra Riendeau seconded and all present agreed. Permit #__________ AMENDED
Garth & Cassie Hurlbert - 28' x 66' modular home to be placed on their property off Harvey Swell Road (R2 Lot 25-3). A letter from septic designer Karen Dickson stated the test pits indicated the property would support the necessary system; however, neither the application or letter indicated the number of bedrooms to be placed in the home. Due to the lack of information, the application was tabled and the Hurlberts will be contacted. TABLED
Bernard Hanscom & Nancy Peavey - Place roof over 16' x 30' camper on their property off Route 26 (R12 Lot 51). This application was tabled last meeting due to the statement on the application that there were six other campers on site, prompting the Board to review campground regulations. It appears to be a recreational campground per RSA 216-I, even though most campgrounds are considered rental sites. Larry Rappaport made a motion to get the town counsel's opinion on this matter. Kevin McKinnon seconded and all present agreed. Tabled once more awaiting town counsel's advice.
Robert Grant - Extend permit #2003-33 to build his residence on Route 26. Larry Rappaport made a motion to extend his permit for one year or until a certificate of occupancy is received, whichever occurs first. Sandra Riendeau seconded and all present agreed. EXTENDED TO MAY 2006.
William Kenney - 28' x 32' gambrel garage to be placed on his property on Josie's Road (R11 Lot 70). Kevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2005-45
Derwood and Simone McKeage - Place an 12' x 56' mobile home for storage purposes only and no occupancy on their property on Hartlen Avenue (R9 Lot 121). John Jolles made a motion to approve the permit; Sandra Riendeau seconded. The motion carried with two ayes and two abstensions (McKinnon & Rappaport). APPROVED - #2005-46
Greg Keazer - Place a foundation under his camp at 744 Diamond Pond Road. As there will be no change to the footprint of the building, it was determined no permit was necessary.
Sign Permits:
Jeffrey Bailey - 4' x 8' sign, stating "New England 4x4, Vortex Spray-on Liners", to be placed in the field on the side of his driveway parallel to Route 26. Larry Rappaport advised him to be sure to place it far enough back so that people pulling out of his driveway could see traffic without first pulling into Route 26. Sandra Riendeau made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2005-47
Raymond E. Davis - 2' x 16' lighted sign, stating "Storage Kings", to be placed on top of the building located at 49 Sunset Drive. Mr. Davis noted that he will be removing the existing sign. Kevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2005-48
Site Plan Hearing:
Jeffrey Bailey - Mr. Bailey appeared before the Board to receive approval to use his site at 14 Bailey Road (R10 Lot 50) as a repair garage, including the application of spray-on vehicle bedliners. In answer to various questions by the Board members, Jeffrey explained that all the work is conducted inside his basement garage. There are no fumes or waste products involved. This process is approved by the FDA as safe even for counter tops. He uses everything he sprays and it is not flammable. In answer to Mr. Jolles question regarding parking availability, Jeff answered that the lot would accommodate as many as twenty vehicles, however, he does not plan to have more than two at any time. He stated he will not be storing vehicles or doing salvage. He will be doing repair work only.
Larry Rappaport made a motion to approve the site plan. Sandra Riendeau seconded and all present agreed. APPROVED
Richard Nadig - Mr. Nadig appeared before the Board to receive approval to use the building located at 2 Pleasant Street as a video/ice cream shop with two rental apartments. A copy of the purchase and sales agreement was presented. Mr. Nadig explained that the building currently has access to a twelve foot right-of-way on the northern side which is shared with the NH Liquor Store, George O’Neal Veteran’s Post and the Town of Colebrook. He explained that he would need to remove the maple trees on the northern side of the building in order to repair the foundation. He planned to create a parking area there with access from Main Street and exit onto Pleasant Street. Mr. Nadig stated he had spoken with Leon Geil at the Department of Transportation office in Lancaster and had been assured that
there were no problems with the change of use of the right-of-way, but it would be a few days before the actual paperwork stating this was in hand. He further stated that the middle of the driveway is the property line and he planned to locate the parking area completely on his property, outside of the right-of-way. Kevin McKinnon stated it is a perpetural easement that belongs to the Town in regards to the right-of-way. It was questioned if the Liquor Store’s delivery truck would still be able to complete deliveries with the parking area. Rick assured the Board that people would be able to back in and out of the parking lot even with the tractor trailer unloading.
Mr. Nadig continued that he plans to place shrubs and landscrape the area once he has been able to complete renovations on the foundation. Any changes to the side of the building facing Pleasant Street would be minor. He plans to put a patio on the side towards Main Street with steps leading to the sidewalk. In regards to the barn and garage on the end of the residence, he has found rotten sills but hopes to jack the end up and replace them.
Larry Rappaport stated he would like to see drawings, including elevations, of what the building would look like once completed. He reminded the Board that they need to take into consideration if any structure changes could be approved in regards to the zoning ordinances. If a change would require a variance, the Board could not approve the site plan with that change.
Kevin McKinnon voiced a concern regarding the traffic entering onto Pleasant Street from the right-of-way, particularly during times when school buses are in use. Mr. Nadig remarked that, without the additional parking spaces he is proposing, any traffic would be parked on the edge of Pleasant Street creating a problem. Sandra Riendeau reminded Mr. Nadig to keep in mind the site plan requirements for parking in regards to employees and needed spaces per rental unit.
Verlaine Daeron remarked that the buiding is one of the oldest in town. She felt the building’s history should be commerated and nothing should be changed on the structure. Mr. Nadig asked if it was felt it would be better to let the structure sit there and deteriorate or would it be better to have it used. He stated he wished to hold as much as possible of the historic beauty; however, it had been necessary to cut the trees to repair the roof which had been rotting due to dampness and to get at the unsafe foundation in the back. Mr. Quins remarked that they, too, had purchased an old building and had not upset the original structure. He felt it was the history that brings uniqueness to Main Street.
John Jolles stated that trees do beautify a town; however, he also knew that trees can do damage to a structure. He asked Mr. Nadig to consider a compromise and, perhaps, plant a tree in front for those he had removed in the back of the building or place a garden in front. Rick said he could understand the concern but it was hard to know what might come up when working with an old building. He also stated that the home is not listed in the historic registry. Until he knew what he was getting into, he was reluctant to say he would plant trees or create a garden.
John Strickland asked if the new business would look like Mr. Nadig’s existing business across the street. Mr. Strickland stated he has counted eleven signs on the building and questioned if there were permits for all the signs. He also remarked that the three picnic tables outside the building appear to be used as a hangout.
John Jolles remarked that there appeared to be a lot of agruments going on in regards to this project. He personally couldn’t see the conflict and thought it was possible to have a business at 2 Pleasant Street as long as attention was paid to the outside to keep the character of the building as it was; however, t was very obvious that this was a sensitive issue. Larry Rappaport asked again to see an actual plan indicating where signs would be, shrubs, changes to building, siding material and color, along with elevation. John Jolles agreed that this would lend some kind of reassurance to know how the final product would look. Rick Nadig agreed to do a drawing, but asked that the Board members walk around the back of the building to view the back porch and to see the damage the trees have done. Kevin
McKinnon made a motion, seconded by John Jolles, to continue the site plan public hearing until June 29th.
Waiver of Site Plan Regulations:
John & Aime Strickland - Request for a waiver of site plan regulations for the use of their property located at 316 Route 145. Mr. Strickland explained that they propose to use the site as a retail area for new and used motor sport items. A signed letter of agreement by abutters stated that he would have no more than 15 items for sale at any one time. The grounds for the waiver were that the letter had been signed by all his abutters with no objections. He also asked the board to consider the fact that he currently operates a retail store and has had no complaints in regards to that. In answer to whether this area would be open for business all day, Mr. Strickland answered that it was to be used as a display area, not as a business area. If the sales expanded to the extent he needed to be
open for business during the day, he would come back for a full site plan hearing.
Mr. Strickland explained that he had plenty of parking. In answer to Mike Ouellet's question about whether he would be selling items as retail or on consignment, John stated it would be primarily retail. He might take some on consignment, but not many. When asked if he needed a state permit or license for this type business venture, Mr. Strickland stated to sell as retail, he did not as long as 99% of what he was selling could not be registered. He believed he could sell up to 12 that needed to be registered before he needed a license.
Larry Rappaport asked what he planned to do for lighting. John stated he would use his current yard lights for now. He stated he would not be putting up a sign at present. Sandra Riendeau remarked that she feared it might be construed as a continuous yard sale. John stated he is limiting himself to fifteen items for the first six to twelve months. They plan to use a 10’ x 12’ shelter in the beginning and will applying for a building permit to construct a 24’ x 32’ garage with 10’ x 32’ covered sales area.
Larry Rappaport remarked that this venture is beyond what usually is considered for a waiver of site plan regulations and that it sounded like, if it worked out, John would end up with a business on site. He stated that, if it does go to a business, John would have to come back for a full site plan public hearing. John said he understood and that he was approaching it this way because it is a trial venture.
Larry Rappaport made a motion to approve the site plan waiver for a period of two years. Sandra Riendeau seconded the motion. John Jolles remarked that he felt what was before the Board was the beginning of a business and as such, should be considered by a full public hearing site plan now.
Larry Rappaport amended his motion to approve the site plan waiver for a period of one year. Kevin McKinnon seconded the amendment and the amendment passed with three ayes and one nay vote. (Jolles) The motion as amended was then voted on and passed with three ayes and one nay vote. (Jolles) Mr. Strickland was advised that, should there be a problem regarding this site in the future, the Planning Board had the right to ask for a full site plan review and public hearing. APPROVED
Subdivision Public Hearing:
Red River Development Properties LLC (represented by Steve & Corrine Baillargeon and Mark Dryjas) - Chairman Ouellet read the subdivision application which indicated a twelve-lot subdivision of the property located off Brooks Woods Road (R4 Lot 27). The application noted a proposed new street name of “Spruce Ridge Drive.” A variance was being sought for Lot #11 in which the ratio of the road frontage and sideline lengths do not meet the subdivision requirement of not exceeding 1:4. Larry Rappaport made a motion to accept the application as read; Sandra Riendeau seconded and all present agreed.
Mike Ouellet reminded Mr.Baillargeon regarding the length of the road and the necessity for a cul-de-sac. It is understood that, once the property is further developed, the present Gettings Road will be upgraded to town specifications and will provide an access from Brooks Woods Road to Reed Road. It was agreed by the Board and Mr. Baillargeon that no more than five building permits will be issued until the upgrade is completed. Joe Ippolito questioned if a performance bond was necessary; however, it was felt that the limiting of permits was enough. Mr. Baillargeon explained that the first section of the road would be graveled now. The developers have also agreed to leave the snowmobile trails where they are and this will be so noted in the deeds for the lots.
David Forbes asked if the town would be taking over the road to which the answer was no. Mr. Baillargeon explained that the road would be an associated road. Mr. Forbes also questioned if the phone and power service might be upgraded due to this development. He stated that the phone service to his mother’s residence at present is horrible. Mr. Baillargeon was not sure about an upgrade, but he had been in contact with the power company and they had assured him there was enough power up there for the development. It was felt more homes might put pressure on the utility companies for better service.
Mike Ouellet questioned if the deeds would contain any covenants. Mr. Dryjas explained that no trailers will be allowed. Building plans will be given to the developers to review and they will control size and type. Anyone building will also be given a set time to complete a structure. David Forbes asked to see a copy of the association regulations. Larry Rappaport questioned if Mr. Forbes, as an abutter, would like to see the regulations before the subdivision was approved, or if he thought approval, conditional on the presentation of the homeowner’s agreement, would be appropriate. Mike Ouellet wondered if the Board had the authority to ask what the homeowner’s regulations were. Larry Rappaport answered that the Board could require that there was a homeowner’s association
in place. Mr. Dryjas agreed to mail Mr. Forbes a template of the association regulations.
Mr. Discenzo, abutter, asked if the current access to his property would be blocked. He stated that his deed shows a right-of-way. Mr. Dryjas explained that the background on the right-of-way is sketchy. It appears to have been an old town road, given back to the owners. He stated that the development shows the road on their own property to avoid any problems. Mike Ouellet asked if the developers would have any problem stating on the plan that “permanent access to Lot 17 is granted in eternity to Brooks Woods Road.” Mr. Dryjas agreed to add that statement to the plan.
Mr. Dryjas then explained that, should the Board grant the variance for the length to width ratio on Lot 11, the developers planned to do a boundary-line adjustment with the next subdivision to make Lot 11 compliant. Larry Rappaport asked when it was expected this could be done and Mr. Dryjas remarked that it would depend on sales, but the hope was it would be soon. Larry remarked that he felt the Board require that the boundlary line adjustment be completed within two years because, until the line adjustment is completed, the lot would be unbuildable. Jon Cowan questioned if it might be easier to take that lot off and make this a eleven lot subdivision. Mr. Dryjas agreed to absorb Lot 11 into Lot 12, in effect, deleting the need for a variance request.
Larry Rappaport made a motion to approve the subdivision plan, conditional on Lot 11 being absorbed into Lot 12. Kevin McKinnon seconded the motion and all present agreed. Mr. Dryjas will create a new plan showing eleven lots and Chairman Ouellet was given permission to sign it upon presentation. #624
Conceptual Design:
Joseph & Marilyn Ippolito - Jon Cowan presented a conceptual design for a two-lot subdivision of property owned by Joseph and Marilyn Ippolito on Reed Road, identified on the Town Tax Maps as R4 Lot 12. No problems were evident and the public hearing will be warned for July 12, 2005.
Timothy & Lauren Plante - Jon Cowan presented a conceptual design for a two-lot subdivision of property owned by Timothy and Lauren Plante on Reed Road, identified on the Town Tax Maps as R11 Lot 98. It was noted that there is an 840 foot lenth driveway, however, it services only two lots and there will be no further subdivision on the back lot. No problems were evident and the public hearing will be warned for July 12, 2005.
Bradley Montague - Jon Cowan presented a conceptual design for a two-lot subdivision of property owned by Bradley Montague on Dupont Drive / Corliss Lane, identified on the Town Tax Maps as U6 Lot 1. It was noted town water and sewer will need to be provided and that the applicant must pay for the installation. No problems were evident and the public hearing will be warned for July 12, 2005.
Gravel Pit Application:
An excavation permit application from the Town of Colebrook for land owned by Phil Lambert, Jr. on Skyline Drive, identified as R9 Lot 111 on the Colebrook Tax Map was received. A Public Hearing will be scheduled for June 29th.
New Business:
Phil Lambert approached the Board regarding the necessity of a driveway permit to his property on South Hill Road. He has found it necessary to redo the driveway; however, indicated where the road had been approved as part of a subdivision in 1989. The Board agreed no permit was needed.
The complaint from John Strickland regarding the business on 119 Main Street having numerous signs, one with running lights, and banners hanging everywhere was reviewed once more. On May 24, it had been agreed that a Board Member would review the site and a plan of action determined at this meeting. John asked if there were regulations regarding the total number of signs. Larry Rappaport answered that the current sign ordinance does not regulate the number of signs on a building or clearly define what constitutes a temporary sign. He felt the ordinance should be reviewed. Mr. Strickland stated he felt the picnic tables have become a hangout and have created a parking situation. Whether parking is allowed in front of the building or should be only on the street was also discussed. John Jolles
offered to take pictures for the June 29th meeting so everyone was clear on the issue. Sandra Riendeau remarked that she had spoken to Mr. Nadig regarding the numerous posters.
The Board reviewed a letter stating that the Zoning Board of Adjustment had denied John Nugent's request for a variance for his sign on his Northwoods Truck Stop building located on Route 3 North. Mr. Nugent has informed the Board verbally that he does not intend to ask for a rehearing. Kevin McKinnon made a motion to turn the issue over to the Selectmen for enforcement to have the sign removed. John Jolles seconded and the motion passed with 3 ayes and one abstention.
The following approvals for construction/operation of septic systems were reviewed:
Jon Brown – Rte 3 North (Conn. River Dr. Trust) (R7 Lot 4-3) (3BR) Operation
Ronald & Doreen Dubois – Rte 26 (Dixville Notch Est) (R12 Lot 140) Operation
Joseph McGinley – Upper Roaring Brook (R12 Lot 78) (3BR) Construction
Tom Wilson – Nash Drive (R12 Lot 171) (3BR) Construction
Michael Harding – Hurlbert Place (R2 Lot 25-1) (3BR) Construction
Elaine & Haven Haynes – Harvey Swell Rd (R2 Lot 34) 300 GPD Construction
The following certificates of occupancy were reviewed and signed:
Ronald Dubois - Mobile home, Dixville Notch Estates
Jon Brown - Ranch Home, Route 3 North
Jay Weir - Pole Shed, East Colebrook Road
John Zavala - Residence, Aldrich Road
Robert McKinnon - Garage, Route 145 (It was noted that there is no water or septic in the building)
Larry Rappaport made a motion, seconded by Sandra Riendeau, to approve payment of the News & Sentinel invoice for $38.50 and the Jordan Associate invoice for $39.50.
Sandra Riendeau made a motion to approve the May 10th and 24'th minutes as written. John Jolles seconded and all present agreed. The meeting was then adjourned at 10:30 pm.
Respectfully submitted,
Sheila M. Beauchemin
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